The Indian diplomat arrested earlier in the year for both visa fraud and accusations of vastly underpaying her housekeeper won a dismissal of the federal indictment.

The judge ruled that because former Indian deputy consul-general Devyani Khobragade had diplomatic immunity at the time of the indictment's issue, she cannot be prosecuted, reports Reuters.

U.S. District Judge Shira Scheindlin ruled, "The government may not proceed on an indictment obtained when Khobragade was immune from the jurisdiction of the court."

Prosecutors had tried to argue that the indictment should stand because she did not have immunity at the time of her arrest and did not after she was allowed to leave the country. It was alleged to have been paying her housekeeper about the equivalent of barely a $1 an hour. Sangeeta Richard, who was also Khobragade's nanny worked 100-hour weeks.

Federal prosecutors have said they are looking into possibly trying for a second indictment against Khobragade since she now does not have immunity, according to The Associated Press. Though the judge dismissed the initial indictment, the door is still open for another.